Discipline Procedure. 12.01 For the purposes of this Agreement, “discipline” shall include any written censure, suspension, unsatisfactory performance appraisal, any change in working conditions, etc. for the purpose of discipline. All of the above must be recorded in the employee’s personnel file, (a) with respect to oral and written warnings, for a maximum of twelve (12) months from date of issue provided the employee has not received a warning or disciplinary notice for the same or similar offence within the twelve (12) month period; (b) with respect to suspensions, for a maximum of fifteen (15) months from date of issue provided the employee has not received a warning or disciplinary notice for the same or similar offence within the fifteen (15) month period. Such warnings and disciplinary notices shall be issued not later than seven (7) calendar days after the incident or occurrence giving rise to the warning or disciplinary notice comes to the knowledge of the Employer. (c) A copy of all disciplinary actions shall be signed by both the employee and the Employer and a copy will be forwarded to the President of the Union within seven (7) working days. If the employee refuses to sign, it will be so noted on the form and initialed by a Union representative. (d) Upon the employee’s request, any disciplinary documents shall be removed from the employee’s file following the time frames expressed in (a) and (b) above. 12.02 In the event any employee is discharged or disciplined the Union should be informed. In the event a meeting is held the Employer shall have a Union Xxxxxxx present. In addition the Union shall be further notified of such action by delivering a copy of the disciplinary or discharge notice to the Local Union President within five (5) calendar days of the imposition of such discipline or discharge. 12.03 Whenever a suspension of a defined duration is imposed, it will not be put into effect until the grievance procedure and the arbitration procedure, as set out in the written Agreement is exhausted. 12.04 In the event of an allegation of serious misconduct, the Employer shall complete the investigation as quickly as possible taking into account the circumstances of the case. In the event that an employee is suspended, it shall be with pay until the investigation is complete. The Employer shall contact the Union President or the Chief Xxxxxxx in the absence of the President to inform him/her of the general nature of the investigation, and provide updates as requested.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Discipline Procedure. 12.01 For 4.01 The District agrees that it will notify the purposes employee, in writing, within fifteen (15) working days from the date of this Agreement, “discipline” shall include any written censure, suspension, unsatisfactory performance appraisal, any change in working conditions, etc. knowledge of the occurrence forming the basis for the purpose contemplated discipline or discharge of its intention to render discipline. All No employee will be disciplined or discharged unless a copy of the above must be recorded in precise and complete charge against the employee’s personnel file,
employee is furnished him/her within fifteen (a15) with respect to oral and written warnings, for a maximum working days of twelve (12) months from the date of issue provided knowledge of the occurrence. A copy of notice will be sent to the Union.
4.02 Either the employee has not received or the Union shall have the right to request a warning or disciplinary notice for hearing on the same or similar offence charges within fifteen (15) working days of receipt of the twelve (12) month period;
(b) with respect charges. Failure to suspensions, for request a maximum hearing within a period of fifteen (15) months from date working days after receipt of issue provided the charges will be a forfeiture of the right to a hearing. An employee who has not received been or may be about to be suspended, disciplined or discharged shall be entitled to a warning fair and impartial hearing by a designated official of the Labor Relations Department of the District and may be represented by the Business Representative or disciplinary notice for Shop Xxxxxxx of the same or similar offence within the Union. A written decision of such a hearing shall be rendered as promptly as possible, but in no event later than fifteen (15) month period. Such warnings and disciplinary notices shall be issued not later than seven (7) calendar working days after completion of the incident or occurrence giving rise hearing, and copies furnished to the warning or disciplinary notice comes to Union and the knowledge employee. Discipline, if any, will be implemented within twenty (20) working days of the Employer.
(c) A copy of all disciplinary actions shall be signed by both the employee and the Employer and a copy will be forwarded to the President issuance of the Union within seven (7) working days. If the employee refuses to sign, it will be so noted on the form and initialed by a Union representative.
(d) Upon the employee’s request, any disciplinary documents shall be removed from the employee’s file following the time frames expressed in (a) and (b) above.
12.02 In the event any employee is discharged or disciplined the Union should be informedwritten decision. In the event of a meeting is held suspension or discharge, the Employer District shall have make a Union Xxxxxxx present. In addition recording of the Union shall be further notified hearing and shall, upon request of such action by delivering the Union, provide a copy of the disciplinary or discharge notice tape.
4.03 In the event the decision at the first level hearing is not satisfactory to the Local employee or the Union, the matter may be appealed in writing to the Labor Relations Manager or his/her designee within ten (10) working days after receipt of the written decision. The Labor Relations Manager or his/her designee and the Union President Representative shall meet within five fifteen (515) calendar working days of the imposition receipt of such discipline the written appeal to resolve the issue. A written decision will be rendered by the Labor Relations Manager or dischargehis/her designee as promptly as possible, but in no event later than ten (10) working days following the completion of the meeting.
12.03 Whenever a suspension 4.04 Adverse notations on matters other than preventable accidents on an employee's record more than one (1) year old as of a defined duration is imposed, it the date of the infraction under investigation will not be put taken into effect until consideration or be admissible as evidence. Adverse notations regarding preventable accidents on an employee's record more than eighteen (18) months old as of the grievance procedure and date of the arbitration procedure, accident under investigation will not be taken into consideration or be admissible as set out in the written Agreement is exhaustedevidence.
12.04 In 4.05 The failure of either party to adhere to the event of an allegation of serious misconduct, the Employer time limitations set forth above shall complete the investigation as quickly as possible taking into account the circumstances of the cause that party to forfeit his/her case. In computing the event that an employee is suspendedtime limits, it Saturdays, Sundays and holidays shall be with pay until excluded. However, the investigation is complete. The Employer shall contact the Union President or the Chief Xxxxxxx time limitations set forth in the absence of the President to inform him/her of the general nature of the investigationParagraphs 4.01 through 4.03 may be extended, and provide updates as requestedin writing, by mutual agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline Procedure. 12.01 For 4.01 The District agrees that it will notify the purposes employee, in writing, within fifteen (15) working days from the date of this Agreement, “discipline” shall include any written censure, suspension, unsatisfactory performance appraisal, any change in working conditions, etc. knowledge of the occurrence forming the basis for the purpose contemplated discipline or discharge of its intention to render discipline. All No employee will be disciplined or discharged unless a copy of the above must be recorded in precise and complete charge against the employee’s personnel file,
employee is furnished him/her within fifteen (a15) with respect to oral and written warnings, for a maximum working days of twelve (12) months from the date of issue provided knowledge of the occurrence. A copy of notice will be sent to the Union.
4.02 Either the employee has not received or the Union shall have the right to request a warning or disciplinary notice for hearing on the same or similar offence charges within fifteen (15) working days of receipt of the twelve (12) month period;
(b) with respect charges. Failure to suspensions, for request a maximum hearing within a period of fifteen (15) months from date working days after receipt of issue provided the charges will be a forfeiture of the right to a hearing. An employee who has not received been or may be about to be suspended, disciplined or discharged shall be entitled to a warning fair and impartial hearing by a designated official of the Labor Relations Department of the District and may be represented by the Business Representative or disciplinary notice for Shop Xxxxxxx of the same or similar offence within the Union. A written decision of such a hearing shall be rendered as promptly as possible, but in no event later than fifteen (15) month period. Such warnings and disciplinary notices shall be issued not later than seven (7) calendar working days after completion of the incident or occurrence giving rise hearing, and copies furnished to the warning or disciplinary notice comes to Union and the knowledge employee. Discipline, if any, will be implemented within twenty (20) working days of the Employer.
(c) A copy of all disciplinary actions shall be signed by both the employee and the Employer and a copy will be forwarded to the President issuance of the Union within seven (7) working days. If the employee refuses to sign, it will be so noted on the form and initialed by a Union representative.
(d) Upon the employee’s request, any disciplinary documents shall be removed from the employee’s file following the time frames expressed in (a) and (b) above.
12.02 In the event any employee is discharged or disciplined the Union should be informedwritten decision. In the event of a meeting is held suspension or discharge, the Employer District shall have make a Union Xxxxxxx present. In addition recording of the Union shall be further notified hearing and shall, upon request of such action by delivering the Union, provide a copy of the disciplinary or discharge notice to the Local Union President within five (5) calendar days of the imposition of such discipline or dischargetape.
12.03 Whenever a suspension of a defined duration is imposed, it will not be put into effect until the grievance procedure and the arbitration procedure, as set out in the written Agreement is exhausted.
12.04 4.03 In the event of an allegation of serious misconductthe decision at the first level hearing is not satisfactory to the employee or the Union, the Employer shall complete matter may be appealed in writing to the investigation as quickly as possible taking into account the circumstances of the case. In the event that an employee is suspended, it shall be with pay until the investigation is complete. The Employer shall contact the Union President Labor Relations Manager or the Chief Xxxxxxx in the absence of the President to inform himhis/her of the general nature of the investigation, and provide updates as requested.designee within ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline Procedure. 12.01 1. The College may suspend, with or without pay, discharge, or take other appropriate disciplinary action against a Unit member only for just cause. Disciplinary action may be taken only for misconduct, i.e., an alleged act, omission, or failure to act during a semester in which the Unit member is teaching, including summer. For the purposes of this Agreement, “disciplinedischarge” shall include any mean termination of employment and shall not refer to the failure to rehire or to renew a faculty member’s appointment to teach for future semesters. This Article X shall not apply to decisions by the College not to rehire or not to renew a Unit member’s appointment to teach for future semesters for non-disciplinary reasons.
2. Except in an emergency situation, prior to the implementation of a disciplinary action involving suspension or discharge against a Unit member, a meeting shall be arranged with the Unit member, an Association Representative of his or her choosing, and the College to inform him or her of the contemplated disciplinary action and the reason for it. The Unit member shall be given an opportunity to rebut the charge.
3. Except in an emergency situation, a written censure, suspension, unsatisfactory performance appraisal, any change in working conditions, etc. statement as to the reason for the purpose disciplinary action shall be provided to the Unit member prior to the implementation of discipline. All of available information, including the above must be recorded in written statement, the employee’s overall work record, the personnel file,, and any facts discovered during the process can be considered in the grievance and arbitration process or otherwise in any review of the discipline.
(a) with respect to oral and written 4. Reprimands, warnings, for or cautionary statements must be documented and placed in a maximum Unit member’s file. A dated copy of twelve (12) months from date of issue provided the employee has not received a reprimand or warning or disciplinary notice for the same or similar offence within the twelve (12) month period;
(b) with respect to suspensions, for a maximum of fifteen (15) months from date of issue provided the employee has not received a warning or disciplinary notice for the same or similar offence within the fifteen (15) month period. Such warnings and disciplinary notices shall will be issued not later than seven (7) calendar days after the incident or occurrence giving rise sent to the warning or disciplinary notice comes Unit member and the Association within ten (10) Working Days after its writing. The Unit member will have up to twenty (20) Working Days from receipt of the document to submit a written response to the knowledge reprimand or warning. Only documented disciplinary action is grievable.
5. Within thirty-five (35) Working Days of the Employer.
(c) A copy of all disciplinary actions shall day the Unit member learned that he or she would be signed by both suspended or discharged, the employee Unit member may grieve this decision in writing following procedures outlined in Article IX unless the College’s action or decision is subject to internal review or appeal under the policy prohibiting discrimination and the Employer and a copy will be forwarded to the President of the Union within seven (7) working daysharassment. If the employee refuses College’s action or decision is subject to signsuch review or appeal, it will be so noted on then the form and initialed by a Union representativeCollege’s action is not subject to grievance or arbitration.
(d) Upon the employee’s request, any disciplinary documents shall be removed from the employee’s file following the time frames expressed in (a) and (b) above.
12.02 In the event any employee is discharged or disciplined the Union should be informed. In the event a meeting is held the Employer shall have a Union Xxxxxxx present. In addition the Union shall be further notified of such action by delivering a copy of the disciplinary or discharge notice to the Local Union President within five (5) calendar days of the imposition of such discipline or discharge.
12.03 Whenever a suspension of a defined duration is imposed, it will not be put into effect until the grievance procedure and the arbitration procedure, as set out in the written Agreement is exhausted.
12.04 In the event of an allegation of serious misconduct, the Employer shall complete the investigation as quickly as possible taking into account the circumstances of the case. In the event that an employee is suspended, it shall be with pay until the investigation is complete. The Employer shall contact the Union President or the Chief Xxxxxxx in the absence of the President to inform him/her of the general nature of the investigation, and provide updates as requested.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline Procedure. 12.01 1. The College may discharge or take other appropriate disciplinary action against a Unit Member only for just cause. Disciplinary action may be taken only for misconduct, i.e., an alleged act, omission, or failure to act during a semester in which the Unit Member is teaching, including summer. For the purposes of this Agreement, “disciplinedischarge” shall include mean termination of employment or failure to rehire or renew an appointment for an upcoming semester for performance or conduct reasons, but not including any reasons covered under Article VII. Nothing herein restricts the College’s ability to remove a Unit Member from teaching (with pay) during an investigation of serious allegations.
2. Except in an emergency situation, prior to the implementation of a disciplinary action involving discharge against a Unit Member, a meeting shall be arranged with the Unit Member, a Union Representative of the Unit Member’s choosing, and the College to inform the Unit Member of the contemplated disciplinary action and the reason for it. The Unit Member shall be given an opportunity to rebut the charge.
3. Except in an emergency situation, a written censure, suspension, unsatisfactory performance appraisal, any change in working conditions, etc. statement as to the reason for the purpose disciplinary action shall be provided to the Unit Member prior to the implementation of discipline. All available information, including the written statement, the Unit Member’s overall work record, the personnel file, and any facts discovered during the process can be considered in the grievance and arbitration process or otherwise in any review of the above discipline.
4. Formal reprimands, warnings, and discharges must be recorded documented and placed in a Unit Member’s file. A dated copy of the employee’s personnel file,
(a) with respect to oral and written warnings, for a maximum of twelve (12) months from date of issue provided the employee has not received a warning or disciplinary notice for the same or similar offence within the twelve (12) month period;
(b) with respect to suspensions, for a maximum of fifteen (15) months from date of issue provided the employee has not received a warning or disciplinary notice for the same or similar offence within the fifteen (15) month period. Such warnings and disciplinary notices shall will be issued not later than seven (7) calendar days after the incident or occurrence giving rise sent to the warning or disciplinary notice comes to the knowledge of the Employer.
(c) A copy of all disciplinary actions shall be signed by both the employee Unit Member and the Employer and a copy will be forwarded to the President of the Union within seven ten (710) working daysWorking Days after it is implemented. The reprimand, warning, or discharge notice shall be presented to the affected Unit Member to verify receipt of (not agreement with) the notice and placed in the Unit Member’s file. The Unit Member will have up to twenty (20) Working Days from receipt of the document to submit a written response to the reprimand or warning. Only documented disciplinary action is grievable. Written responses, grievances, arbitration records, and/or settlements related to a reprimand, warning, or discharge shall be placed in the Unit Member’s file.
5. Within thirty-five (35) Working Days of the day the Unit Member learned that he or she would be discharged, the Unit Member may grieve this decision in writing following procedures outlined in Article IX unless the College’s action or decision is subject to internal review or appeal under the College’s policies prohibiting discrimination and harassment. If the employee refuses College’s action or decision is subject to signsuch review or appeal, it will be so noted on then the form and initialed by a Union representativeCollege’s action is not subject to grievance or arbitration.
(d) Upon the employee’s request, any disciplinary documents shall be removed from the employee’s file following the time frames expressed in (a) and (b) above.
12.02 In the event any employee is discharged or disciplined the Union should be informed. In the event a meeting is held the Employer shall have a Union Xxxxxxx present. In addition the Union shall be further notified of such action by delivering a copy of the disciplinary or discharge notice to the Local Union President within five (5) calendar days of the imposition of such discipline or discharge.
12.03 Whenever a suspension of a defined duration is imposed, it will not be put into effect until the grievance procedure and the arbitration procedure, as set out in the written Agreement is exhausted.
12.04 In the event of an allegation of serious misconduct, the Employer shall complete the investigation as quickly as possible taking into account the circumstances of the case. In the event that an employee is suspended, it shall be with pay until the investigation is complete. The Employer shall contact the Union President or the Chief Xxxxxxx in the absence of the President to inform him/her of the general nature of the investigation, and provide updates as requested.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline Procedure. 12.01 For
21.1 In the purposes administration of this Article, a basic principle shall be that discipline should be corrective in nature, rather than punitive. No employee may be disciplined or discharged except for just cause. Any such discipline or discharge shall be subject to the grievance and arbitration procedure provided for in this Agreement, “discipline” shall include any written censurewhich could result in reinstatement and restitution, suspension, unsatisfactory performance appraisal, any change in working conditions, etc. for the purpose of discipline. All of the above must be recorded in the employee’s personnel file,
(a) with respect to oral and written warnings, for a maximum of twelve (12) months from date of issue provided the employee has not received a warning or disciplinary notice for the same or similar offence within the twelve (12) month period;
(b) with respect to suspensions, for a maximum of fifteen (15) months from date of issue provided the employee has not received a warning or disciplinary notice for the same or similar offence within the fifteen (15) month period. Such warnings and disciplinary notices shall be issued not later than seven (7) calendar days after the incident or occurrence giving rise to the warning or disciplinary notice comes to the knowledge of the Employerincluding back pay.
(c) A copy a. Managers shall make every attempt to issue Notices of all disciplinary actions shall be signed by both the employee and the Employer and a copy will be forwarded to the President of the Union within seven (7) working days. If the employee refuses to sign, it will be so noted on the form and initialed by a Union representative.
(d) Upon the employee’s request, any disciplinary documents shall be removed from the employee’s file following the time frames expressed in (a) and (b) above.
12.02 In the event any employee is discharged or disciplined the Union should be informed. In the event a meeting is held the Employer shall have a Union Xxxxxxx present. In addition the Union shall be further notified of such action by delivering a copy of the disciplinary or discharge notice to the Local Union President Disciplinary Action within five (5) calendar days of the imposition supervisor’s knowledge of such discipline or dischargethe infraction.
12.03 Whenever b. Exceptions will include such examples as a suspension prolonged investigation, employee or supervisor unavailability.
c. Managers shall notify the Union in all cases where exceptions are anticipated.
1. Date of a defined duration is imposedthe offense;
2. Name of the employee;
3. Nature of the offense;
4. Action required to correct the offense; and
5. Allowance of adequate time to correct the offense depending on its nature.
1. Date of the offense;
2. Name of employee;
3. Nature of the offense and the action needed to correct the offense. If the same offense occurs after 12 months from the conclusion of the corrective action contemplated in Step Two, it the progressive disciplinary process will begin again with Step One. The Employer must maintain certain personnel records for matters related to litigation and otherwise. However, future violations of the same offense occurring greater than 12 months from the conclusion of the corrective action contemplated in Step Two will not be put into effect until considered when evaluating the grievance procedure employee’s compliance with Steps One and the arbitration procedure, as set out in the written Agreement is exhausted.
12.04 In the event of an allegation of serious misconduct, the Employer shall complete the investigation as quickly as possible taking into account the circumstances of the case. In the event that an employee is suspended, it shall be with pay until the investigation is completeTwo. The Employer shall contact will move all written offense documentation greater than twelve (12) months into a “Confidential” file that will only be used by management for litigation purposes only. IMMEDIATE TERMINATION FOR “MAJOR OFFENSES”: Some actions and offenses by employees are so egregious that immediate termination is warranted, and progressive discipline is not justified. These offenses include, but are not limited to the Union President following:
A. Theft, unauthorized removal, or misappropriation of member, employee, other employee’s or employer property, including items found on the employer’s premises;
B. Supplying false or misleading information, or withholding requested information when applying for employment;
C. Roughhousing, threatening other individuals, or any aggressive or violent behavior provoking or instigating a fight, or fighting during working hours, or on the employer’s premises;
D. Unauthorized publication or dissemination of confidential information;
E. Interfering with, defacing, changing, or altering any posted work schedule, or employee notice. The posting of notices contrary to the employer’s policy, or the Chief Xxxxxxx posting of material contrary to the employer’s sexual harassment or discrimination directives;
F. Entering or using the employer’s property without permission;
G. Unauthorized possession of firearms or other dangerous weapons on the employer’s premises or while performing work-related duties. An individual with a concealed weapons permit issued in accordance with the laws of Colorado, upon full disclosure, may seek permission of the employer for an exception to this prohibition;
H. The employee’s violation of the employer’s sexual harassment or equal opportunity employment policies. Upon accusation of a violation of these policies, the employer will conduct an impartial investigation to include, among other items, interviews with the accuser, the employee, other witnesses, and review of additional evidence. If the investigation determines the employee violated these policies, termination will result;
I. Reporting to work under the influence of alcohol or with ability impaired regardless of whether the substance is legal;
J. Misuse, destruction, or damage of any of the employer’s property or the property of any employee or member;
K. Making false, vicious, or malicious statements concerning any employee, the employer, member, vendor or other individuals associated with the employer;
L. Inappropriate conduct which occurs on the premises, or off the employer’s premises while on employer paid time, if such conduct adversely affects the reputation of the employer, any employee, member, vendor, or other individual associated with the employer;
M. Any act which violates or causes the employer or any other individual or entity to be in violation of any laws or regulations;
N. Violation of other than a minor traffic when operating any employer’s vehicle(s) or any personal vehicle on business of the employer;
O. Causing the employer a financial or monetary loss;
P. Violation the employer’s security policy and procedures;
Q. Force balancing of a cash drawer or any act of embezzlement or theft; and any act which, in the absence opinion of the President to inform him/her employer, creates a conflict of interest and violates the general nature of the investigationNCUA direct dealing with family, and provide updates as requestedfriends, or associates.
21.2 Employees may accept or decline a Union representative present at meetings concerning disciplinary action, discharge, or layoffs.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline Procedure. 12.01 For 16.1 The Employer shall not discharge, demote, or suspend any regular employee without just cause. The Employer retains the purposes right to discharge new employees at will during or at the end of the designated probationary period and the discharge shall not be subject to further recourse and under this Agreementagreement.
16.2 Whenever poor work performance or improper conduct occurs, “discipline” shall include any generally a gradual increase in the level of disciplinary action will be initiated with the intention of correcting the problem(s). Often counseling and verbal warnings will accomplish the objective, but in certain situations, written censurereprimand(s), suspension, unsatisfactory performance appraisaldemotion or discharge may be required. When deciding the degree of disciplinary action, any change in working conditionsthe Employer will assess the circumstances surrounding the incident(s), etc. for the purpose of discipline. All severity of the above must be recorded in offense, and the past conduct of the employee’s personnel file,.
(a) with respect 16.3 A copy of any written reprimand shall be submitted to oral and written warnings, for a maximum of twelve (12) months from date of issue provided the employee has not received and the Union’s Pasco office.
16.3.1 If a warning or disciplinary notice for the same or similar offence within the twelve (12) month period;
(b) with respect written reprimand is to suspensionsbe issued, for a maximum of fifteen (15) months from date of issue provided the employee has not received a warning or disciplinary notice for the same or similar offence within the fifteen (15) month period. Such warnings and disciplinary notices shall be issued not later than informed by his supervisor of the impending action and a meeting shall be scheduled within seven (7) calendar days after to explain the incident grounds for discipline. At said meeting the employee shall have the right to be accompanied by one (1) representative and afforded the opportunity to present information and/or ask questions.
16.3.2 At the time of issuance, and prior to placement in personnel records, the employee shall be given the opportunity to read, sign and answer all written reprimands. The employee’s signature shall not signify an admission of guilt or occurrence giving rise concurrence to the warning or disciplinary notice comes charge, but shall be requested to indicate the knowledge employee comprehends the gravity of the Employerdisciplinary action.
16.3.3 The employee shall have the right to appeal and/or submit a written answer to any and all charges within seven (c7) A copy calendar days of all disciplinary actions the date of the reprimand. Any written answer shall be signed by both made a part of the reprimand and the employee and the Employer supervisor shall sign and date it, and a copy will be forwarded sent to the President Union. Said signatures do no signify admission of concurrence, but merely acknowledgement. Written reprimands may not be appealed beyond the Police Chief and may be challenged by the Union within seven (7) working days. If the employee refuses to sign, it will be so noted on the form and initialed by if used as a Union representativebasis of any subsequent suspension or discharge.
(d) Upon the employee’s request, any disciplinary documents 16.3.4 A written reprimand shall be removed from the an employee’s file following personnel record after eighteen (18) months, if the time frames expressed employee so requests in (a) and (b) above.
12.02 In writing, provided there has not been a violation of the event any employee is discharged same or disciplined similar nature during the Union should be informedperiod. In the event of another such violation, the retention period for the last reprimand shall control.
16.4 In the event an employee is to be suspended, demoted or discharged, a meeting is held written notice of such action, and the reasons therefore, shall be provided to the employee and the Union Business Representative. Circumstances permitting, such notice shall be given no later than twenty-four (24) hours prior to the effective date of suspension, demotion or discharge. Any such disciplinary actions may be appealed either through the Grievance Procedure of this Agreement or to the College Place Civil Service Commission, provided the latter has jurisdiction. Election of appeal procedure shall be made in writing to the Employer shall have a Union Xxxxxxx present. In addition the Union shall be further notified of such action by delivering a copy of the disciplinary or discharge notice to the Local Union President within five ten (510) calendar days of the imposition employee’s receipt of such discipline or dischargethe Employer’s original notice. Said election of forums shall be final and binding and in no case shall the employee be permitted appeal through both procedures. If no appeal is submitted within the designated time period, the Employer’s action will be deemed justified and conclusive.
12.03 Whenever a suspension of a defined duration is imposed, it will not be put into effect until the grievance procedure and the arbitration procedure, as set out in the written Agreement is exhausted.
12.04 In the event of an allegation of serious misconduct, the Employer shall complete the investigation as quickly as possible taking into account the circumstances of the case. In the event that an 16.5 The employee is suspended, it shall be with pay until allowed to rebut in writing any material placed in his or her official personnel file. Such rebuttal will be attached to the investigation is complete. The Employer shall contact the Union President or the Chief Xxxxxxx in the absence official personnel file copy of the President to inform him/her of the general nature of the investigation, and provide updates as requestedmaterial.
Appears in 1 contract
Samples: Police Department Agreement
Discipline Procedure. 12.01 27.1 This Article was entered into pursuant to Section 3543.2 (b) of the Government Code. This Article does not include the termination of any permanent teacher and does not include the implementation of Sections 44939, 44940, 44941 and 44942 of the Education Code and any amendments to those Sections or successor laws to those Sections.
27.2 An employee in the bargaining unit may be disciplined by the District for just cause only. For the purposes of this AgreementArticle, “the term "discipline” " shall include any be limited to suspension without pay for up to and including fifteen (15) workdays. The discipline imposed shall be reasonably related to the seriousness of the misconduct or shall be reasonable in light of the number and frequency of prior similar incidents of misconduct by the employee. A verbal and or a written censure, suspension, unsatisfactory performance appraisal, any change in working conditions, etc. for the purpose of reprimand shall normally precede a discipline. All Verbal reprimands shall occur in private.
27.3 During the initial stage of any formal investigation regarding potential discipline of a unit member under this Article, the employee shall be notified of the above must allegations against him/her and who made such allegations. The employee shall be recorded given the opportunity to submit a list of names and questions the administration may include in its formal investigation. This Section shall be inapplicable in investigations involving potential criminal misconduct/activity.
27.4 Prior to imposing discipline, the Superintendent or designee shall give written notice to the employee’s personnel file,
. This written notice of proposed disciplinary action shall be served by mail or personal delivery to the employee at least fifteen (a15) with respect calendar days prior to oral and the date when discipline may be imposed. In cases of serious misconduct where it is deemed appropriate to remove the employee immediately, the employee shall not lose compensation prior to the date when discipline may commence. Loss of compensation in all cases may occur after the fifteenth (15th) calendar day following the date written warningsnotice was served. However, if the employee makes a timely request for a maximum hearing, and if the proposed suspension is for more than five (5) work days, loss of twelve compensation for all days in excess of five (125) months from date of issue provided work days shall not occur until the arbitrator has rendered a decision or the employee has not received withdrawn the request for a warning hearing or failed to appear at the hearing.
27.4.1 The written notice of proposed disciplinary action shall be served by personal delivery or by certified mail. Service by certified mail shall be deemed completed on the date following the date of mailing. The contents of the written notice shall include at least the following:
A. A statement identifying the District.
B. A statement in ordinary and concise language of the specific act(s) and omission(s) upon which the proposed disciplinary action is based.
C. The specific disciplinary action proposed and effective date(s).
D. The specific cause(s) or reason(s) for the same specific disciplinary action proposed.
E. A copy of the applicable regulation(s), rule(s), law(s), policy(s), where it is claimed a violation of any of those took place.
F. A statement that the employee has the right to respond to the matters raised in the written notice both orally and in writing, including the submission of affidavits, prior to the end of the fifteen (15) calendar days following the date the written notice was served.
G. A statement that the employee, upon request, is entitled to appear personally and/or through Association representation before the Superintendent or similar offence designee regarding the matters raised in the written notice prior to the end of the fifteen (15) calendar days following the date the written notice was served. At such meeting, the employee and/or his/her representative shall be granted a reasonable opportunity to make any representations the employee believes are relevant to the case.
H. A statement that the proposed disciplinary action may commence after the fifteen (15) calendar days following the date the written notice was served.
I. A statement that the employee, upon written request, is entitled to a full evidentiary hearing before an arbitrator before any disciplinary action is final. The statement shall also indicate that no arbitration hearing shall be held unless a written demand for such a hearing is delivered to the Superintendent within fifteen (15) calendar days after the twelve date the written notice of proposed disciplinary action was served.
27.5 The employee in the bargaining unit shall receive an arbitration hearing on the proposed disciplinary action only if a written demand for such a hearing is delivered to the Superintendent within fifteen (1215) month period;calendar days of the written notice of proposed disciplinary action. In the absence of a demand for a full evidentiary hearing, the Superintendent shall act upon the charges after the time period for hearing demand has expired.
(b) 27.5.1 The procedure in Article 28.3, and 28.4.1, 28.4.4, and 28.4.7 shall be the sole procedure to be utilized by an employee or the Association. Except for Article 28.3, 28.4.1, 28.4.4, and 28.4.7 the grievance procedure in this Agreement is not applicable to this Article. Article 28.4.4 will apply only with the consent of all employees requesting an arbitration hearing.
27.6 With respect to suspensionsprobationary employees, the following provisions shall apply:
27.6.1 The parties acknowledge that such probationary employees may be dismissed or suspended without pay for a maximum specified period of time in excess of fifteen (15) months from date of issue provided the employee has not received a warning or disciplinary notice for the same or similar offence within the fifteen (15) month period. Such warnings and disciplinary notices shall be issued not later than seven (7) calendar work days after the incident or occurrence giving rise to the warning or disciplinary notice comes to the knowledge of the Employerunder Education Code Section 44948.
(c) A copy of all disciplinary actions shall be signed by both the employee and the Employer and a copy will be forwarded to the President of the Union within seven (7) working days. If the employee refuses to sign, it will be so noted on the form and initialed by a Union representative.
(d) Upon the employee’s request, any disciplinary documents shall be removed from the employee’s file following the time frames expressed in (a) and (b) above.
12.02 In the event any employee is discharged or disciplined the Union should be informed. In the event a meeting is held the Employer shall have a Union Xxxxxxx present. In addition the Union shall be further notified of such action by delivering a copy of the disciplinary or discharge notice to the Local Union President within five (5) calendar days of the imposition of such discipline or discharge.
12.03 Whenever a suspension of a defined duration is imposed, it will not be put into effect until the grievance procedure and the arbitration procedure, as set out in the written Agreement is exhausted.
12.04 In the event of an allegation of serious misconduct, the Employer shall complete the investigation as quickly as possible taking into account the circumstances of the case. In the event that an employee is suspended, it shall be with pay until the investigation is complete. The Employer shall contact the Union President or the Chief Xxxxxxx in the absence of the President to inform him/her of the general nature of the investigation, and provide updates as requested.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline Procedure. 12.01 For the purposes of this Agreement, “discipline” shall include any written censure, suspension, unsatisfactory performance appraisal, any change in working conditions, etc. for the purpose of discipline. All of the above must be recorded in the employee’s personnel file,
(a) with respect to oral and written warnings, for a maximum of twelve (12) months from date of issue provided the employee has not received a warning or disciplinary notice for the same or similar offence within the twelve (12) month period;
(b) with respect to suspensions, for a maximum of fifteen (15) months from date of issue provided the employee has not received a warning or disciplinary notice for the same or similar offence within the fifteen (15) month period. Such warnings and disciplinary notices shall be issued not later than seven (7) calendar days after the incident or occurrence giving rise to the warning or disciplinary notice comes to the knowledge of the Employer.
(c) A copy of all disciplinary actions shall be signed by both the employee and the Employer and a copy will be forwarded to the President of the Union within seven (7) working days. If the employee refuses to sign, it will be so noted on the form and initialed by a Union representative.
(d) Upon the employee’s request, any disciplinary documents shall be removed from the employee’s file following the time frames expressed in (a) and (b) above.
12.02 In the event any employee is discharged or disciplined the Union should be informed. In the event a meeting is held the Employer shall have a Union Xxxxxxx present. In addition disciplined, the Union shall be further notified of such action by delivering a copy of the disciplinary or discharge notice to the Local Union President within five (5) calendar days of the imposition of such discipline or discharge.
12.03 Whenever a suspension of a defined duration is imposed, it will not be put into effect until the grievance procedure and the arbitration procedure, as set out in the written Agreement is exhausted.
12.04 In the event of an allegation of serious misconduct, the Employer shall complete the investigation as quickly as possible taking into account the circumstances of the case. In the event that an employee is suspended, it shall be with pay until the investigation is complete. The Employer shall contact the Union President or the Chief Xxxxxxx in the absence of the President to inform him/her of the general nature of the investigation, and provide updates as requested.
Appears in 1 contract
Samples: Collective Agreement
Discipline Procedure. 12.01 For the purposes of this Agreement, “discipline” shall include any written censure, suspension, unsatisfactory performance appraisal, any change in working conditions, etc. for the purpose of discipline. All of the above must be recorded in the employee’s personnel file,
(a) with respect to oral and written warnings, for a maximum of twelve (12) months from date of issue provided the employee has not received a warning or disciplinary notice for the same or similar offence within the twelve (12) month period;
(b) with respect to suspensions, for a maximum of fifteen (15) months from date of issue provided the employee has not received a warning or disciplinary notice for the same or similar offence within the fifteen (15) month period. Such warnings and disciplinary notices shall be issued not later than seven (7) calendar days after the incident or occurrence giving rise to the warning or disciplinary notice comes to the knowledge of the Employer.
(c) A copy of all disciplinary actions shall be signed by both the employee and the Employer and a copy will be forwarded to the President of the Union within seven (7) working days. If the employee refuses to sign, it will be so noted on the form and initialed by a Union representative.
(d) Upon the employee’s request, any disciplinary documents shall be removed from the employee’s file following the time frames expressed in (a) and (b) above.
12.02 In the event any employee is discharged or disciplined the Union should be informed. In the event a meeting is held the Employer shall have a Union Xxxxxxx present. In addition the Union shall be further notified of such action by delivering a copy of the disciplinary or discharge notice to the Local Union President within five (5) calendar days of the imposition of such discipline or discharge.
12.03 Whenever a suspension of a defined duration is imposed, it will not be put into effect until the grievance procedure and the arbitration procedure, as set out in the written Agreement is exhausted. Within two (2) business days (excluding Saturdays, Sundays and Public Holidays as defined in this agreement) after the exhaustion of the grievance process or timelines, the Employer will notify the employee of the dates on which the suspension will be served.
12.04 In the event of an allegation of serious misconduct, the Employer shall complete the investigation as quickly as possible taking into account the circumstances of the case. In the event that an employee is suspended, it shall be with pay until the investigation is complete. The Employer shall contact the Union President or the Chief Xxxxxxx in the absence of the President to inform him/her them of the general nature of the investigation, and provide updates as requested.
Appears in 1 contract
Samples: Collective Agreement
Discipline Procedure. 12.01 For the purposes of this Agreement, “"discipline” " shall include any written censure, suspension, unsatisfactory performance appraisal, any change in working conditions, etc. for the purpose of discipline. All of the above must be recorded in the employee’s 's personnel file,
(a) with respect to oral and written warnings, for a for·a maximum of twelve (12) months from date of issue provided the employee has not received a warning or disciplinary notice for the same or similar offence within the twelve (12) month period;
(b) with respect to suspensions, for a maximum of fifteen (15) months from date of issue provided the employee has not received a warning or disciplinary notice for the same or similar offence within the fifteen (15) month period. Such warnings and disciplinary notices shall be issued not later than seven (7) calendar days after the incident or occurrence giving rise to the warning or disciplinary notice comes to the knowledge of the Employer.
(c) A copy of all disciplinary actions shall be signed by both the employee and the Employer and a copy will be forwarded to the President of the Union within seven (7) working days. If the employee refuses to sign, it will be so noted on the form and initialed by a Union representative.
(d) Upon the employee’s 's request, any disciplinary documents shall be removed from the employee’s 's file following the time frames expressed in (a) and (b) above.
12.02 In the event any employee is discharged or disciplined the Union should be informed. In the event a meeting is held the Employer shall have a Union Xxxxxxx present. In addition the Union shall be further notified of such action by delivering a copy of the disciplinary or discharge notice to the Local Union President within five (5) calendar days of the imposition of such discipline or discharge.
12.03 Whenever a suspension of a defined duration is imposed, it will not be put into effect until the grievance procedure and the arbitration procedure, as set out in the written Agreement is exhausted.
12.04 In the event of an allegation of serious misconduct, the Employer shall complete the investigation as quickly as possible taking into account the circumstances of the case. In the event that an employee is suspended, it shall be with pay until the investigation is complete. The Employer shall contact the Union President or the Chief Xxxxxxx in the absence of the President to inform him/her of the general nature of the investigation, and provide updates as requested.
Appears in 1 contract
Samples: Collective Agreement